76. The CRPD describes in detail the measures required to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. These measures include training for health and other professionals, early intervention and access to appropriate community care and support services across education, health, community services, employment and criminal justice sectors for the communities, families and individuals. 77. The necessary supports and services (including but not limited to health, community, education and employment services) should be accessible to all people with impairments resulting from FASD. 78. Importantly, the CRPD notes that to prevent concealment, abandonment, neglect and segregation of children with disabilities (which includes children with FASD), state parties shall undertake to provide early and comprehensive information, services and support to children with disabilities and their families (article 23(3)).[14] 79. The CRPD also states that a child with disabilities should enjoy a full and decent life, in conditions which promote self-reliance and facilitate the child’s active participation in the community. This includes the right of the disabled child to special care and assistance designed to promote the fullest possible social integration and individual development (article 23). 80. This is also supported by the Convention on the Rights of the Child (CRC), which states are obliged to ensure adequate prenatal and postnatal health care for mothers (article 24(d)). 81. The matters in this paper will be drawn to the attention of the UN next year as part of New Zealand’s examination of compliance with the CRC and the CRPD. In 2016 New Zealand acceded to the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities. The Optional Protocol provides that State Parties can take a claim to the UN of violation of the CRPD after domestic remedies have been exhausted. We hope that with the Prime Minister’s direction, the issues in this paper could be resolved domestically. 82. It is also important to note that when applying international conventions to NZ legislation, the courts tend to interpret domestic legislation consistently with international obligations (eg DP v R, CoA 2016). It would be open to a court to interpret the domestic Ministry of Health Rules on Disability Support Services consistently with the CRPD. Domestic Laws 83. In our view, New Zealand is also potentially in breach of its domestic obligations. The NZ Bill of Rights Act 1990 (BORA) and the Human Rights Act 1993 (HRA) are the two main legislative frameworks which are critical to the enjoyment of disabled peoples’ human rights and fundamental freedoms. 84. Section 19 of the BORA prohibits discrimination against persons on the grounds specified in section 21 of the HRA. Disability is one of the prohibited grounds of discrimination under the HRA (s 21(1) (h). Section 92 of the HRA allows the Human Rights Review Tribunal to grant a declaration of inconsistency if section 19 of the BORA has been breached. 85. As set out in paragraphs 38-45 of this report, FASD meets the various definitions of disability. We consider the lack of equitable provision of services to those with FASD discriminates on the basis of 11